Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.Os. 12 & 15---Termination of a workman on valid and genuine grounds through an order in writing containing explicit reasons was permissible under the law, however for terminating the service of a permanent workman, on account of certain allegations, could not be sustained unless the workman concerned was afforded an opportunity to rebut such allegations and same were proved in an impartial enquiry. (b) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 46(5) & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Termination of service---Grievance petition---Appeal---Payment in lieu of reinstatement---Appellant/employee who claimed to have been employed with employer for 15 years, his services were terminated on allegation that his performance was not up to the mark for, considerable period and that he had failed to discharge his duty properly---Grievance petition by appellant against termination of his service having failed, he had filed appeal before the High Court---Letter of termination and the pleadings made by employer, were adequate enough to show that termination of appellant was not simpliciter, but it contained a stigma on his career---Labour Court had utterly failed to correctly apply the law and properly appreciate evidence which had resulted in an infirm and invalid order which necessitated reversal---Order passed by the Labour Court was set aside and consequently grievance petition was allowed---Appellant having been rendered undesirable from point of view of employer, it would be appropriate and proper not to order his reinstatement---High Court directed in circumstances, that in lieu of reinstatement, appellant would be paid 25 months wages as provided under S.46(5) of Industrial Relations Ordinance, 2002---Neither non-employment was pleaded nor proved by the appellant, appellant thus was not entitled to back benefits. M.A.K. Azmati for Appellant. Khadim Hussain for Respondent. Date of hearing: 7th May, 2007. JUDGMENT MUHAMMAD MOOSA. K. LEGHARI, J.--- The appellant claimed to…

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